Category Uncategorized

To Me…To You… – Assign Of Things To Come – Budana and CFA Assignment in the Court of Appeal

By Colin Richmond   The Court of Appeal has handed down its long-awaited judgment in the case of Alina Budana (Appellant) v Leeds Teaching Hospitals NHS Trust (Respondent) & Law Society (Intervener) [2017] EWCA Civ 1980. Briefly, the Court held that a Conditional Fee Agreement (“CFA”) can be validly assigned from one firm of solicitors […]

Can insurance provide security for costs? – Premier Motorauctions Ltd (in liquidation) and another v Pricewaterhousecoopers LLP & Another

By Jonathan Holsgrove   The Court of Appeal (link here) have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.  The substantive claim is a complex one strongly denied by the Defendants.  The Claimant companies allege that the Defendants, PWC and Lloyds Bank, conspired […]

COURT OF APPEAL OVERTURNS FINDING OF 10% CONTRIBUTORY NEGLIGENCE: CLAIMANT’S CONDUCT DID NOT FALL BELOW A REASONABLE STANDARD

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
In a short judgment today in Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 the Court of Appeal overturned a trial judge’s decision that a claimant who suffered injury at work was contributory negligent. “the extent to which the claimant’s conduct could be criticised fell considerably…

FATAL ACCIDENTS : COHABITEE IS (OR SHOULD BE) ENTITLED TO BEREAVEMENT PAYMENT

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
The Court of Appeal decided today that the failure of the  Fatal Accidents Act to include cohabitees  within the definition of those entitled to a bereavement payment is incompatible with Section 4 of the Human Rights Act. As the law currently stands cohabitees are  not…

“AFTER CARE SERVICES” – WHEN IS A LOCAL AUTHORITY REQUIRED TO PROVIDE AFTER CARE SERVICES – S.3 MENTAL HEALTH ACT 1983

By Catherine Duffy   TINSLEY V MANCHESTER CITY COUNCIL & OTHERS [2017]EWCA Civ 1704 1.On 1st November 2017 this case came before the Court of Appeal.  The case was heard by the Master of the Rolls, Lord Justice Longmore and Lord Justice Irwin. Appeal point 2.The question in the appeal:- Is a person who has […]

What effect can exaggeration have on your damages claim: strike out or percentage reduction in damages?

By Vilma Vodanovic The Court of Appeal considered the point in FLETCHER v KEATLEY (by his LF) [2017] EWCA Civ 1540 (a decision from 12.10.2017) and followed guidance in Summers v Fairclough Homes Ltd [2012] UKSC 26. In 2007, Mr Keatley (‘K’), who was only 17 at the time, and Mr Fletcher (F) were in […]

PROTECTED PARTIES – CPR 21.10 COMPATIBLE WITH ECHR ARTICLES 14 AND 6 – DEFENDANT ENTITLED TO WITHDRAW FROM COMPROMISE AGREEMENT

By Bronia Hartley Joseph James Penn Revill (a protected party proceedings by his litigation friend, Kirsty Marie Jarram) v Philip Damiani [2017] EWHC 2630 (QB) The claimant, who lacked the capacity to litigate and was acting by his litigation friend, sought damages for injuries sustained in a road traffic accident. His claim included a claim […]